Friday, May 31, 2013

U.S. v. Maloney (9th Cir. - May 30, 2013)

My sense is that I wasn't the only one who thought (as I said here) that the dissent had the better of the argument in this one.

The Ninth Circuit just took the case en banc.

It's largely a fact-specific case.  But it's still wrong.  Sufficiently so that taking it en banc seems right.

We'll see what the en banc panel looks like.  But I'd predict a reversal regardless.